The United Church of Christ (UCC) and a
dozen clergy members on Monday filed a federal lawsuit challenging
North Carolina's ban on gay marriage.

The plaintiffs, which also include
several gay and lesbian couples who wish to marry, argue that the
state's constitutional amendment limiting marriage to heterosexual
couples violates the First Amendment of the U.S. Constitution. It is
the first of the nearly 6 dozen marriage equality cases filed
nationwide to bring First Amendment religious freedom claims.

“The North Carolina Marriage Laws,
which make it a criminal offense for any 'minister, officer, or any
other person' to solemnize the marriage of a same-sex couple,
impermissibly intrude on Plaintiffs' First Amendment rights by
imposing significant burdens on their rights of expression
association,” the complaint reads.

The UCC, which has more than 1 million
members, is one of a handful of denominations that bless the
marriages of gay couples.

“As senior minister, I am often asked
to perform marriage ceremonies for same-sex couples in my
congregation,” Rev. Joe Hoffman, senior minister of First
Congregation United Church of Christ in Asheville and a plaintiff in
the case, said
in a statement. “My denomination – the United Church of
Christ – authorizes me to perform these ceremonies. But Amendment
One denies my religious freedom by prohibiting me from exercising
this right.”

Jake Sussman, a lawyer representing the
plaintiffs, added: “In addition to bringing 14th
Amendment claims under equal protection and due process, this lawsuit
introduces a 1st Amendment claim that the marriage ban in
North Carolina violates the right to the free exercise of religious
beliefs by denominations, clergy, and congregants who believe that
same-sex marriages are theologically valid and want to perform
marriage ceremonies.”